Can a patent examiner request information about related applications or patents?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
Yes, a patent examiner can request information about related applications or patents. According to MPEP 704.11(a), this includes:
- Copies of related applications
- Copies of other pending U.S. applications
- Copies of foreign patent documents cited in the specification
- Dates of public use or sale
- Information regarding inventorship
The MPEP specifically states: ‘Information reasonably necessary for finding prior art … may include … copies of related applications or related patents referred to in the specification.’ This allows examiners to comprehensively evaluate the invention’s novelty and non-obviousness in light of related work.